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Isn’t it the same thing? — Crooked Timber
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Isn’t it the same thing?
by Ted on January 4, 2006
Law professor Glenn Reynolds quotes law professor Ann Althouse :
I wonder if those who screamed loudest about the Plame leak and national security are equally outraged about this new leak?
Pointing out this vile hypocrisy must be the zingiest zinger that ever zinged a zingee . They’re right, in way. Few of us who are upset about the outing of Valerie Plame are viscerally upset about the NSA leak, which we tend to see as a classic whistleblower scenario . As a dedicated Plame screamer, let me try to reply. ( NOTE : Update below the fold.)
First, the people who leaked about the existence of the NSA warrantless wiretapping program believed that they were exposing unlawful behavior. (If so, they’d be in good company.) Orin Kerr, in his useful write-up of James Risen’s new book on the subject, quotes Risen as saying “[s]everal government officials who know about the NSA operation have come forward to talk about it because they are deeply troubled by it, . . . [t]hey strongly believe that the president’s secret order is in violation of the Fourth Amendment of the Constitution, which prohibits unreasonable searches.”
A few chuckleheads have tried to paint the Plame leak as an act of whistleblowing against the CIA . The Wall Street Journal and FOX News’ John Gibson have even proposed that Karl Rove deserves a medal for leaking her identity. But even in the worst scenario, Valerie Plame is simply accused of making a bad or nepotistic personnel recommendation to her superiors by suggesting her husband for the unpaid trip to Niger. If that were true, it’s not very admirable, but it’s not against the law . If I accept every word out of John Gibson’s mouth, I might accept that Plame deserved a reprimand. Maybe bad personne"
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